2019 New York Laws
EXC - Executive
Article 28 - Workforce Diversity Program
824 - Enforcement.

* §  824.  Enforcement.  1. Where it appears that a contractor cannot,
after a good faith effort, meet the workforce  participation  goals  set
forth  in  a  particular state contract, a contractor may file a written
application with the contracting state agency requesting  a  partial  or
total  waiver  of  such  requirements.  Such request shall set forth the
reasons  for  such  contractor's  inability  to   meet   the   workforce
participation goal, specifically describe the reasons for any deviations
from  the  anticipated  workforce  participation  goal  set forth in the
contractor's bid or proposal leading to the award of the state contract,
and describe the efforts by the contractor  and  any  subcontractors  to
achieve the maximum feasible participation of minority group members and
women  in  the  performance of the work of the state contract. Where the
contractor's inability to achieve the workforce participation goal on  a
state   contract   is  attributable  to  the  failure  of  one  or  more
subcontractors to  make  good  faith  efforts  to  achieve  the  maximum
feasible  participation  of  minority  group  members  and  women in the
performance of the work of the  state  contract,  the  contractor  shall
identify  such  subcontractor or subcontractors to the contracting state
agency.
  2. A state agency shall grant a request  for  a  waiver  of  workforce
participation goals on a state contract where:
  (a)   The   contractor   demonstrates  that  the  contractor  and  its
subcontractors  made  good  faith  efforts  to  achieve  the   workforce
participation goal on the state contract, and that insufficient minority
group  members  or  women  were  available  in  the construction trades,
professions, and occupations required to perform the work of  the  state
contract; or
  (b)  The  contractor contractually required each of its subcontractors
to  make  a  good  faith  effort  to  achieve   the   maximum   feasible
participation  of minority group members and women in the performance of
the subcontracted  work,  periodically  monitored  such  subcontractors'
deployment of minority group members and women in the performance of the
subcontracted  work,  provided  notice  to  such  subcontractors  of any
deficiencies in their deployment of minority group members and women  in
the  performance  of  such subcontracted work, and could not achieve the
workforce participation  goal  for  one  or  more  construction  trades,
professions,  or  occupations  without  the  good  faith efforts of such
subcontractors.
  * NB Effective January 11, 2020
  * NB Repealed December 31, 2024